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Section 89 Treaty state suppliersI1C1

United Kingdom

(1)

In this Act, a “treaty state supplier” means a supplier that is entitled to the benefits of an international agreement specified in Schedule 9.

(2)

But a supplier is a treaty state supplier only to the extent that it is entitled to the benefits of an international agreement specified in Schedule 9 in relation to the procurement being—

(a)

carried out, or

(b)

challenged.

(3)

An appropriate authority may by regulations amend Schedule 9 for the purpose of—

(a)

specifying an international agreement to which the United Kingdom is a signatory, or

(b)

removing, or amending a reference to, an international agreement.

(4)

In subsection (3)(a), the reference to being a signatory to an international agreement includes a reference to having—

(a)

exchanged instruments, where the exchange constitutes the agreement;

(b)

acceded to the agreement.

(5)

In this Part a reference to a supplier being entitled to the benefits of a treaty includes a reference to a supplier being entitled by virtue of the place of origin of goods, services or works supplied.

(6)

In this Act—

(a)

a reference to a treaty state supplier does not include a reference to a supplier that is entitled to the benefits of an international agreement only by reference to the United Kingdom being party to that agreement;

(b)

a reference to a state or territory being party to an agreement includes a reference to a state or territory being part of an organisation of states or territories that is party to an agreement.

Annotations

Modifications

C1

S. 89 applied (24.2.2025) by S.I. 2013/1582, reg. 6(2), Sch. 2 Pt. 1 (as amended by The Procurement Act 2023 (Consequential and Other Amendments) Regulations 2025 (S.I. 2025/163), regs. 1(2), 17 (with reg. 33))

Commencement

I1

S. 89 not in force at Royal Assent, see s. 127(2)

I2

S. 89(1)(3)(4) in force at 12.3.2024 by S.I. 2024/361, reg. 2(i)

I3

S. 89(2)(5)(6) in force at 24.2.2025 by S.I. 2024/716, Sch. (as amended by S.I. 2024/959, regs. 1(2), 2(7)(a))